Is Workers' Compensation Coverage Required?
Most Taxi Cab Operators Are Considered Employees
A taxi driver, who does not own the taxi, is generally considered an employee. However, workers' compensation is not required if the taxi driver leases the taxi from a person who personally and regularly operates the taxi (40 or more hours per week), the taxi driver is not an employee of the taxi owner unless the taxi owner controls the taxi driver (directs, supervises, or has the power to hire or fire).
For Workers Compensation purposes ONLY, any independent livery base in New York City, Nassau and Westchester Counties must provide coverage for these drivers through membership in the Independent Livery Drivers Benefit Fund or by obtaining a full New York workers' compensation insurance policy. Contact the Independent Livery Driver Benefit Fund to obtain coverage.
Non-exempt office staff and dispatchers must also be covered by a full New York workers' compensation insurance policy. WCL §2[3 & 4], WCL §18-c.